EB-2 NIWArts, design, architectureIndividualDecided 2021Dismissed
Outcome: Dismissed
JUL202021_04B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A graduate student in architecture sought an EB-2 exceptional ability classification with a national interest waiver. The AAO held that the salary and recognition criteria were unmet, since scholarships were not shown to be remuneration or significant recognition. Without three criteria, waiver analysis was not reached and the appeal was dismissed.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached; petitioner failed the exceptional ability threshold, so waiver analysis was deemed unnecessary. |
 Well positioned | Not reached / not discussed | Not reached because the threshold classification was not established. |
 Balance favors a waiver | Not reached / not discussed | Not reached because the threshold classification was not established. |
A published decision describes one case. It is not legal advice and not a prediction for yours.